Chesapeake Public Schools Purchasing Department

School Administration Building 312 Cedar Road

Chesapeake, Virginia 23322

DATE: November 3, 2014 FROM: Chesapeake Public Schools RE: Invitation to Bid BID NO: 13-1415 BID TOPIC: SCHOOL NUTRITION SERVICES – PRODUCE We are pleased to invite your bid. Attached hereto you will find the necessary documents giving information and instructions pertaining to your bid: 1. Invitation to Bid This sheet provides you with the basic information concerning

opening of bids, time factors, proper address for submitting your bid, and identifies the authorized representative of the school system who will be your contact.

2. Conditions of Bid Contained within the Conditions of Bid are the provisions and

terms governing your bid. Please read these pages carefully as they are an integral part of the bid and any potential award.

3. Specifications / Bid Form This document indicates the exact nature of our

needs. When specifications / bid forms for equipment, material, and supplies are provided they are to be completed by the vendor and returned with your response.

4. Letter of Transmittal Please complete this form in its entirety, sign in the

appropriate place, and submit with your response.

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INVITATION TO BID DATE: November 3, 2014 BID NUMBER: 13-1415 BID TOPIC: School Nutrition Services – Produce BIDS MUST BE RECEIVED AND REGISTERED NO LATER THAN: Hour: 2:00 P.M. Date: November 17, 2014 Deliver Michele Zimbro, CPPB, Buyer, Chesapeake Public Schools or School Administration Building, 312 Cedar Road Mail To: Chesapeake, Virginia 23322 ABSOLUTELY NO BIDS WILL BE ACCEPTED AFTER THE ABOVE LISTED HOUR. TO BE OPENED: Time: 2:05 P.M. Date: November 17, 2014 Place: School Administration Building Purchasing Department 312 Cedar Road Chesapeake, Virginia 23322 ANYONE INTERESTED IN ATTENTING THIS OPENING WILL BE WELCOME. IT IS REQUESTED THAT ALL ATTENDING BE ON TIME. *AUTHORIZED REPRESENTATIVE OF CHESAPEAKE PUBLIC SCHOOLS: Name Michele Zimbro, CPPB Phone No. (757) 547-0265 Title Buyer DELIVERY: All material may be shipped and / or all work To commence as stated in the bid specifications With completion as stated in the bid specifications

* PLEASE DIRECT ANY INQUIRIES TO THE AUTHORIZED REPRESENTATIVE

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Chesapeake Public Schools General Bid Conditions

For School Nutrition Services

The conditions set forth herein apply to all food commodities, dairy products, and meat bids for Chesapeake Public Schools. All bidders are bound by these conditions. Please read these conditions carefully as they are an integral part of the agreement and contract awarded to the successful bidder. A. BID PROCEDURE

1. In the event a bidder finds either discrepancies or omissions in the

specifications, drawings and/or bid documents, he shall notify the authorized representative indicated in the Invitation to Bid for Chesapeake Public Schools, at once. If it is found necessary, a written addendum will be sent to each bidder. All addenda issued shall become a part of the bid documents and should be acknowledged on the Letter of Transmittal. Important: No interpretation of the meaning of the specifications, drawings and/or bid documents (except for procedural clarification) will be made orally to any potential bidder. All requests for such interpretation will be in writing, addressed to the authorized representative and submitted, no later than five (5) days prior to the date fixed for the opening of the bid.

2. The bid response must be:

a. Sealed and submitted in a plain opaque envelope clearly marked with the

bid number, date and time of bid opening as indicated in the Invitation to Bid.

b. Addressed to the authorized representative, Chesapeake Public Schools,

Purchasing Department, 312 Cedar Road, Chesapeake, VA 23322. c. Submitted in a separate envelope and not submitted or concealed within

any package or envelope that may contain bid samples. d. Vendors who choose to utilize an overnight mailing service to deliver bid

submittals should be mindful to indicate the bid number, bid due date and time of bid opening on the outside of the package. Failure to do so may affect the proper and timely receipt of bid responses.

3. All proposals will be opened and read aloud at the time and date set forth in the

Invitation to Bid. Bidders or their representatives are invited to be present at the opening of bids. All bid openings will be at Chesapeake Public Schools, School Administration Building, 312 Cedar Road, Chesapeake, VA.

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4. Bids are to be submitted on and in accordance with forms provided by Chesapeake Public Schools.

5. All information requested on the Letter of Transmittal and the Vendor’s

Response/Bid Proposal Form must be completed in order to constitute a valid bid offer.

6. Any deviations from the specifications must be set forth in the bid documents. 7. Prices and information required, except for the signature of the bidder, should

be typewritten for legibility. Illegible or vague bids will be rejected. Note: The signature of the person submitting the bid must be handwritten. Any bid submitted with corrections must have the corrections initialed by the person who signed the bid or his designee. No bid changes will be permitted after the bid is due.

8. The use of a brand name, make or manufacturer within the specifications does

not restrict the bidder solely to that specified. Instead, it serves to convey to the bidder the general style, type, character, and quality of the item desired. Any item which Chesapeake Public Schools in its sole discretion determines to be the equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted.

9. When bidding an item other than that specified, the bidder will give the trade

designation of the item, manufacture’s name, and detailed specification of the item he proposes to furnish. The absence of this information on the Vendor’s Response/Bid Proposal Form will be construed as submitting a price on the identical item specified.

10. When bids are requested on a lump sum basis, the bidder must enter the price

for each item and also the lump sum. 11. All prices quoted must be ―per unit‖ as specified. 12. Enter the price per unit and the extensions for each item bid. In the case of a

discrepancy, the lowest price will govern. 13. All prices are to be F.O.B. destination unless otherwise indicated. If the award

is made on any other basis, transportation charges will be prepaid by the successful bidder and added to the invoice as a separate item.

14. The bidder expressly warrants that the price or prices quoted herein are not the

result of an agreement or understanding expressed or implied with any other bidder or bidders.

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15. Withdrawal of bid due to error: A bidder may withdraw his bid from consideration if it contains a mistake provided that: a. The bid was submitted in good faith. b. The mistake was a clerical mistake as opposed to a judgment mistake. c. It was due to an unintentional arithmetic error or unintentional omission of

a quantity of work, labor, or materials made in the compilation of the bid. d. The bidder shall give notice in writing of his claim of right to withdraw his

bid within two (2) business days after the conclusion of the bid opening procedure and shall submit original working papers with such notice.

16. For all contracts:

a. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by federal or state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause, indicating the names of all contracting agencies with which the contractor has contracts of over $10,000.

b. The contractor will, in all solicitations or advertisements for employees

placed by or on behalf of the contractor, state that such contractor is an equal opportunity employer; provided; however, that notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirement of this section.

c. The contractor will include the provisions of the foregoing paragraph in

every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

d. During the performance of this contract, the contractor agrees to (i)

provide a drug-free and tobacco-free workplace for the contractor’s employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance, marijuana, or tobacco products is prohibited in the contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all

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solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free and tobacco-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontractor or purchase order, so that the provisions will be binding upon each subcontractor or vendor.

17. Chesapeake Public Schools is exempt from federal, state and excise taxes.

The price bid shall be net and not include the amount of any such tax. Exemption certificates, if required, will be provided by Chesapeake Public Schools, upon request.

18. Sales to school boards are not affected by any fair trade agreements. 19. Prompt payment discounts will be considered in awarding the bid. However, no

prompt payment discounts will be considered if offered for a period of less than twenty (20) days. Time allowed for cash discounts will be figured from date of receipt of a properly executed invoice form or date of delivery, whichever is later.

B. BID CONTRACT

1. Chesapeake Public Schools reserves the right to reject any or all bids, in whole

or part, to waive technical defects, qualifications, irregularities, and omissions if in its judgment the best interest of Chesapeake Public Schools will be served.

2. Unless otherwise stipulated, the right is reserved to award the bid in total, by

individual item, or by category (compatibility of items), whichever is in the best interest of Chesapeake Public Schools.

3. Award will be made to the lowest responsive and responsible bidder. 4. All other factors being equal, award preference shall be given in the following

order: Chesapeake City firms, area firms, state firms, and out-of-state firms, if such a choice is available; otherwise, the tie shall be decided by a random drawing.

5. Chesapeake Public Schools reserves the right to make awards within ninety

(90) days after the date of the bid opening during which period bids may not be withdrawn unless the bidder distinctly states in his bid that acceptance thereof must be made within a shorter specified time.

6. Bidders will be notified, in writing, of the bid accepted.

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7. In submitting a bid, the bidder obligates himself and/or his company to furnish items or services at the price bid, and that written notice from Chesapeake Public Schools accepting the bid constitutes a contract between the bidder and Chesapeake Public Schools. (When a written contract as a separate document is required, this will be prepared or approved by Chesapeake Public Schools and submitted to the successful bidder.) When circumstances warrant, quantities may be adjusted by mutual consent of Chesapeake Public Schools and the successful bidder.

8. When Chesapeake Public Schools notifies a bidder, in writing, of its acceptance

of the bidders price, this contract will become effective on the date acceptance is written. Notification to the bidder can be in the form of a formal contract, purchase order, award letter, or a letter of intent. Public notice of award or the announcement of the decision to award shall be provided in the form of an award letter after the final evaluation of bids has occurred. Award notification shall be posted on the Division’s website (www.cpschools.com) and on DemandStar (www.demandstar.com). Additionally, the award is posted on the Bid Board located within the Purchasing Department.

9. At its sole discretion, Chesapeake Public Schools reserves the right to accept

or reject any decrease in the bid price offered by the successful vendor, as long as all conditions, specifications, etc. remain unchanged, and at any time during a contract period, if determined that it is in the best interest of the school division.

10. The quantities required, as stated on the enclosed specifications sheet, are

expressly agreed to be an estimate only and nothing herein or attached shall bind Chesapeake Public Schools to purchase any specified amount of the product or products. Chesapeake Public Schools reserves the right to increase the estimated quantity for the purchase from the successful bidder as much as ten percent (10%). Upon mutual agreement of both parties, Chesapeake Public Schools reserves the right to purchase additional goods not to exceed fifty percent (50%) of the original contract.

11. If the successful bidder fails to either perform within the time specified, or within

a reasonable time, or fails to perform satisfactorily in accordance with the specifications, Chesapeake Public Schools may take the appropriate action to satisfy the contract. Any cost incurred in excess of the contract amount may be back charged to the original bidder. Should the difference be less, the successful bidder shall have no claim to the difference. Additionally, the original bidder may be removed from the bid list for a period of one (1) year or one (1) bid cycle, whichever is longer.

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12. When food commodities, dairy products, or meats are rejected, they must be removed by the successful bidder from Chesapeake Public Schools’ property within ten (10) days from the initial notification. Food commodities, dairy products or meats left longer than ten (10) days will be considered abandoned by the successful bidder and may be disposed of as if it were Chesapeake Public Schools’ property.

13. The successful bidder shall not assign, transfer, convey, sublet, or otherwise

dispose of the contract or his right, title, or interest therein, or his power to execute such contract to any other person, company, or corporation, without previous written consent of Chesapeake Public Schools.

14. Chesapeake Public Schools reserves the right to make multiple awards from

bids, if applicable, and is within the best interest of the school division. C. DELIVERY

1. No items are to be shipped or delivered until receipt of a written authorization,

purchase order, or confirming purchase order number from an agent of the Department of Purchasing, either of which will constitute a legal contract.

2. Delivery must be made, as stipulated, on the purchase order. If the delivery is

to be delayed for reasons beyond the control of the company, it is the company’s responsibility to notify the authorized representative of Chesapeake Public Schools of the reason for the delay and the new delivery date.

3. All deliveries, except where warehouse delivery is specified, are to be made to

the locations in Attachment B, between 7:00 a.m. and 1:00 p.m. 4. No deliveries may be made on Saturday, Sunday, or a legal holiday except

when the delivery is an emergency; in which event, the convenience of Chesapeake Public Schools shall govern.

5. Items shall be properly packed for shipment, storage, and stocked in new

shipping containers and in accordance with accepted commercial practices. 6. The successful bidder shall be responsible for the delivery of items in good

condition to the point of destination. He shall file with the carrier all claims for breakage, imperfections, and other losses, which will be deducted from invoices. The receiving Chesapeake Public Schools’ representative will note for the benefit of successful bidders when packages are not received in good condition.

7. The successful bidder will be required to furnish signed proof of delivery in

every instance.

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8. All deliveries shall be accompanied by delivery tickets or packing slips. 9. Case lots of 100 or more will be palletized on standard wood pallets to be

exchanged upon delivery. 10. Local school deliveries shall be requested for the delivery of milk, ice cream,

produce, bread products, and any other items specified by Chesapeake Public Schools’ Department of School Nutrition Services.

D. SAMPLES

1. Chesapeake Public Schools reserves the right to request a representative

sample of the item(s) bid prior to the award. If the sample fails to meet specifications, the bid will be disqualified.

2. If samples are requested subsequent to bid opening, they shall be delivered

within five (5) days of the request, or as directed, for the bid to have consideration. Samples must be furnished at no expense to Chesapeake Public Schools and must be accompanied by a descriptive memorandum invoice indicating if the bidder desires their return, provided they have not been used or made useless by testing. Award samples will be held for comparison with deliveries. Chesapeake Public Schools will not be responsible for any samples destroyed or mutilated by examination or testing. The vendor will be advised when the sample may be picked up. Samples shall be removed by the bidder at his expense. Samples not removed within fifteen (15) days after written notice to the bidder will be regarded as abandoned, and Chesapeake Public Schools shall have the right to dispose of them as its own property.

3. If specifications state that an item to be bid must equal a sample on display, the

sample will be made available to all bidders by Chesapeake Public Schools’ personnel. Failure of a bidder to examine the sample shall not relieve him from complying with the specifications.

4. All specifications are minimum standards. In the case of an offered bid sample

being of superior quality and receiving the bid award, the deliveries must be the same as the sample submitted.

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E. INSURANCE 1. Chesapeake Public Schools reserves the right to require bid, performance,

labor, and materials payment bonds. This requirement will be stated in the original bid documents if it is applicable.

a. General Liability: Liability coverage for bodily injury and property damage

shall be a minimum of $500,000. An umbrella form of coverage may be required in some cases.

b. Automotive Liability: The successful vendor will provide a certificate of

insurance showing a minimum of $500,000 for automotive liability insurance to include bodily injury and property damage.

c. Workmen’s Compensation and Employer Liability: Workmen’s

compensation shall be required of any contractor that has employees prior to beginning work.

2. Prior to undertaking performance of the contract hereunder, the successful

bidder may be required to furnish certification, in a form acceptable to Chesapeake Public Schools, that the successful bidder possesses a valid liability insurance policy issued by an insurance company licensed to do business in the Commonwealth of Virginia with effective dates and limits of liability as required by Chesapeake Public Schools. This certification shall insure the successful bidder’s legal liability for injury to or destruction of property (real or personal) and bodily injury or death caused in whole or part by any act of omission of the successful bidder, subcontractors and the agents and employees of either, occasioned directly or indirectly in the performance of the contract. The insurance company will be required to provide thirty (30) days written notice to Chesapeake Public Schools in the event of a change or cancellation of any policy. In addition, Chesapeake Public Schools must be listed as an additionally named insured party with respect to the contract.

3. The successful bidder will be required to carry adequate insurance to protect

Chesapeake Public Schools from loss in case of accident, fire, theft, etc., prior to acceptance by a responsible person representing Chesapeake Public Schools.

4. The successful bidder shall protect, defend, and save harmless Chesapeake

Public Schools, Chesapeake School Board, City of Chesapeake, and Chesapeake City Council from and against any suits or actions of every nature and description brought against it for, or on account of, any injuries or damages received or sustained by any party or parties by or from any acts of the bidder, its servants or agents, as a result of the award of a contract.

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F. LICENSES Each bidder must be properly licensed in the locality in which their business office resides and in compliance with all pertinent state (Virginia) and local (Chesapeake) codes and regulations.

G. PAYMENTS

1. Payment of invoices will be certified promptly for items received in accordance

with specifications and bid. 2. Payment shall not preclude Chesapeake Public Schools from making a claim

for adjustment on any item later found not to have been in accordance with Conditions of Bid.

3. Partial payments against a total order will be made upon presentation of a

properly executed invoice. 4. Finance charges, if incurred, can only be assessed at a rate not to exceed one

percent (1%) per month or as mandated by the Virginia Public Procurement Act, Section 2.2-4352.

H. BID RESPONSE

Your failure to respond to any two (2) consecutive bids will indicate disinterest, and your name will be removed from the bid list.

I. MINORITIES STATEMENT

―Chesapeake Public Schools encourages the use of minority firms, vendors, contractors and subcontractors to provide goods and services, including construction projects.‖

J. INTERNET ACCESS

Bids may be viewed and downloaded by accessing our webpage at http://www.cpschools.com/departments/purchasing/index.php and clicking on ―Current Bids.‖

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K. INSPECTION OF RECORDS

The successful vendor/contractor shall maintain, during the course of the work/contract, and retain, not less than five (5) years after final payment for completion thereof, complete and accurate records of all costs chargeable to Chesapeake Public Schools regarding any work or contract awarded. Additionally, Chesapeake Public Schools, or its authorized agents, shall have the right, at any reasonable time, to inspect and audit those records. The records to be maintained and retained by the work/contract shall include, without limitation, all payroll records accounting for the total time distribution of the contractor’s employees working full or part time on the work (to permit tracing to payrolls and related tax returns) as well as canceled checks or signed receipts for payroll payments in cash; invoices for purchases, receiving and issuing documents, and all other unit-inventory records for the contractor’s stores stock or capital items; and paid invoices and canceled checks for material purchased and for the subcontractor’s and any other third-parties’ charge.

L. FAITH BASED STATEMENT

Chesapeake Public Schools does not discriminate against ―faith-based organizations‖ as that term is defined in Virginia Code Section 2.2-4343.1(b) of the Virginia Public Procurement Act.

M. DEBARMENT AND PROHIBITED CONTRACTS

In accordance with §2.2-4321 and 4321.1 of the Code of Virginia, a prospective contractor may be debarred or prohibited from contracting for particular types of supplies, services, insurance, or construction for specific periods of time.

The following sets forth the purpose, causes, procedures for debarring a prospective

contractor, and the reinstatement of a contractor. 1. Purpose of debarment is to protect the school system from risks associated

with awarding contracts to a contractor having exhibited an inability or unwillingness to fulfill contractual requirements and/or the unsatisfactory performance of a contract and to protect the interest and integrity of the procurement process. The seriousness of the contractor’s acts or omissions showing non-responsibility; the ability and willingness of the contractor to promptly correct them; any mitigating factors; and the public interest should be considered in making any debarment decision. Contractors meeting the above may be debarred for a period of (1) one year or (1) one bid period cycle whichever is longer.

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2. Causes for debarment may include, but are not limited to, the following acts:

a. Conviction of or civil judgment against the contractor or any of its principals or affiliates within the last five (5) years for:

i. Commission of fraud or a criminal offense in connection with (i)

obtaining, (ii) attempting to obtain, or (iii) performing a public contract or subcontract.

ii. Violation of federal or state criminal statutes or civil antitrust, false

claim, or procurement laws. iii. Commission of embezzlement, theft, forgery, bribery, falsification, or

destruction of records, making false statements, receiving stolen property, or other offense involving moral turpitude.

iv. Commission of any other offense indicating a lack of business

integrity or business honesty that seriously and directly affects the present responsibility of a government contractor or subcontractor.

b. Failure to have an effective business ethics and compliance training and

reporting program in place for officers and employees. c. Listing on the Excluded Parties List (EPLS) maintained by the General

Services Administration: https://www.acquisition.gov d. Subcontracting with a business concern, organization, entity, or person

that has been debarred by any Agency or Department of the Commonwealth of Virginia, or which is listed on the EPLS.

e. Failure to collect and/or remit taxes may result in prohibition from

contracting with the school system as set forth in §2.2-4321.1

3. Procedures governing the debarment decision making process are designed to be consistent with principles of fundamental fairness: a. The Director of Purchasing, shall notify the contractor by certified mail,

return receipt requested, that debarment is being considered. This notice shall include: i. The reasons for the proposed debarment in terms sufficient to put the

contractor on notice of the circumstances upon which it is based; ii. The procedures the contractor may take to examine evidence of the

proposed debarment;

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iii. The contractor may submit to the Director of Purchasing, within thirty (30) calendar days after receipt of notice, written information and argument to the proposed debarment, including any additional specific information that raises a genuine dispute over a material fact.

iv. The contractor may also submit information and materials showing (i)

that it had an effective business ethics and compliance training and reporting program in place for officers and employees; (ii) the steps it has taken to address the conduct giving rise to the proposed debarment including, but not limited to, disciplinary action, restitution, restructuring, and additional internal controls and training; and (iii) its cooperation with government authorities and investigators.

v. Prior to the issuance of a written determination of debarment, the

Director of Purchasing shall (i) notify the contractor in writing of the results of the evaluation, and (ii) disclose the factual support for the determination. The contractor shall have ten (10) business days for rebuttal.

vi. The Director of Purchasing shall issue its written determination of

disqualification based on all information in the possession of Chesapeake Public Schools, including any rebuttal information, within ten (10) business days of the date the Director of Purchasing received such rebuttal information.

vii. Debarment shall commence upon notification.

4. Scope of Debarment. Debarment extends to all divisions or other organizational elements of the contractor and to affiliates of the contractor unless otherwise specified. As used herein, ―affiliates‖ includes business concerns, organizations, entities, or persons sharing common (or with overlapping) management, ownership, facilities, equipment, employees and/or assets, and includes family members having an identity of economic interest with a person that was debarred or proposed for debarment. ―Affiliates‖ also includes businesses or entities organized following the debarment or proposed debarment of a contractor which has the same or similar management, ownership, or principal employees as the contractor that was debarred or proposed for debarment.

5. Reinstatement of a contractor may occur if, it is determined that the action

taken was arbitrary or capricious, or not in accordance with applicable state law or regulations. The sole relief shall be restoration of eligibility. A debarred contractor can apply for reinstatement after debarred for a period of (1) one year or (1) one bid period cycle whichever is longer. The request for reinstatement must be in writing to the Director of Purchasing citing actions taken to remedy the reason for debarment or prevent recurrence of the

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situation that caused the debarment action to be taken and otherwise indicating that lifting or suspension of the debarment would be in the best interest of Chesapeake Public Schools. The Director of Purchasing shall provide a written response to the debarred contractor within thirty (30) calendar days either reinstating the contractor or denying the request with the reasons cited. The contractor shall have ten (10) business days to respond. The Director of Purchasing shall have ten (10) business days to respond to the contractor’s response.

6. The decision of the Director of Purchasing shall be final.

N. CERTIFICATE OF COMPLIANCE

Pursuant to amendments made to the Code of Virginia § 22.1-296.1, it is required that prior to awarding a contract, the contractor and the contractor’s employees who may be in direct contact with students in the performance of the contract certify that both the contractor and the contractor’s employees have not been convicted of a felony or any offense involving the sexual molestation or physical or sexual abuse or rape of a child. This certificate shall be attached to the contract document, if applicable.

O. CERTIFICATE OF COMPLIANCE WITH IMMIGRATION LAWS AND REGULATIONS The Federal Immigration Reform and Control Act makes it unlawful for a person or other entity to hire, recruit, or refer for a fee for employment in the United States, an alien, knowing the alien is unauthorized to work in the United States. Section 40.1-11.1 of the Code of Virginia makes it unlawful for any employer to knowingly employ an alien who cannot provide documents indicating that he or she is legally eligible for employment in the United States. These laws place an affirmative duty on employers to ensure that aliens have proof of eligibility for employment. In addition, Section 54-72.2 of the Chesapeake City Code requires that any person or entity doing business with the City of Chesapeake, including its boards and commissions, shall provide a sworn certification by the contractor or vendor of compliance with all federal immigration laws and regulations. Chesapeake Public Schools requires a completed Certificate of Compliance with Immigration Laws and Regulations for transactions that total more than $50,000. This certificate shall be attached to the contract document, if applicable.

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GENERAL CONDITIONS

SCOPE / DESCRIPTION: To provide all labor, materials, equipment, and incidentals necessary to provide and deliver Chesapeake Public Schools’ Department of School Nutrition Services with its requirement of produce, per the attached conditions and specifications. PROJECT / PRODUCT LOCATION (S): All items shall be delivered between the hours of 7:00 a.m. and 1:00 p.m. to the schools listed in Attachment B. CONTACT PERSON(S) PRE-AWARD: Any questions regarding the specifications or any other facet of this bid must be directed to Michele Zimbro, CPPB, Buyer, at (757) 547-0265 or via e-mail at Michele.Zimbro@cpschools.com no later than five (5) days before the date of the bid opening. Any revisions to this bid will be made only by addendum issued by the Chesapeake Public Schools’ Purchasing Department. CONTACT PERSON(S) POST-AWARD: Joanne Kinsey Director of School Nutrition Services Department of School Nutrition Services (757) 547-1470 Mike Atkinson School Nutrition Services’ Warehouse Supervisor Department of School Nutrition Services (757) 547-1470

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GENERAL CONDITIONS SCHEDULE / COMMENCEMENT OF WORK: Purchase orders will be issued after the award of this bid, as necessary, during the contract period to request delivery of product(s). The contract established by the awarding of this bid will remain in effect from the date of award through August 31, 2015. The subsequent contract periods will be September 1 through August 31 of the following years.

Chesapeake Public Schools may, upon mutual agreement with the successful vendor, extend the contract period for two (2) additional 6-month periods, with an escalation / change in price, as mutually agreed upon. If a price increase should occur, it must be mutually agreed upon. This increase will be determined by using the Consumer Price Index – All Urban Consumers (Food and Beverages) of the previous contract period, or 5%, whichever is less at the time of renewal. The CPI increase shall be based upon the Consumer Price Index – All Urban Consumers (CPI-U): Series Id: CUUR0000SAF Not Seasonally Adjusted; Area: U.S. City Average; Item: Food and Beverages; Base Period: 1982-84=100. The CPI-U shall be calculated using data from January of the previous year through January of the renewal year. PRICE ESCALATION / DESCALATION: Price increases will not be authorized during the contract period and will only be considered at the time of renewal. Any decrease in costs occurring during the contract period must be passed along to Chesapeake Public Schools. Failure to notify the Division of such decreases is grounds for cancellation of the contract between Chesapeake Public Schools and the successful vendor. All price changes must be presented in writing and authorized by the Chesapeake Public Schools’ Purchasing Department at the time of renewal.

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GENERAL CONDITIONS DELIVERY NOTIFICATION: Delivery of product(s) and invoices shall be made, upon request from qualified Chesapeake Public Schools’ personnel. For local school delivery, deliveries will be required between the hours of 7 a.m. and 1 p.m. A delivery schedule must be included with each bid response for approval. Prices quoted shall include all delivery costs and expenses incurred for “inside delivery” (defined as all transportation and labor necessary to deliver the required products(s) to and inside, at a designated area within the project locations listed in Attachment B). Chesapeake Public Schools will not provide any personnel or equipment to aid in the unloading or installing of any product. Failure to make the necessary arrangements may result in the refusal of the shipment. Such refusal shall not obligate Chesapeake Public Schools for any charges in excess of that stated in the bid.

DELIVERY INFORMATION: If for reasons beyond the control of the company delivery cannot be made by the specified date, it is the vendor’s responsibility to indicate the reason for the delay and the expected delivery date in the Exceptions / Deviations from Specifications and / or Conditions of Bid section of the bid. If the delay occurs after the award of this bid, the successful vendor must notify the Director of School Nutrition Services, in writing, of the reason for the delay and the new delivery date. Chesapeake Public Schools reserves the right to request that the vendor provide proof of the delay from the manufacturer. Otherwise, failure to complete the work required within the specified time frame, may result in the successful vendor’s removal from our bidders’ list for poor or non-performance. During the summer months each year, Chesapeake Public Schools may be operating on a summer schedule and will not be able to accept deliveries on Fridays during specific weeks. If this does occur during the summer months, vendor(s) will be notified once the dates have been agreed upon. The vendor’s ability to deliver the required product within this time frame is critical to the success of this contract.

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GENERAL CONDITIONS QUANTITY: Quantities indicated in the bid are not guarantees, but are close estimates of the school system’s requirement for (1) month. However, Chesapeake Public Schools reserves the right, due to possible budget restrictions or changes in need, to increase or decrease the quantities, for any item listed, with no penalty or change in the bid price. SAMPLES: If requested, samples shall be provided at the vendor’s expense. Requested samples must be labeled as such, packaged with the original labels identifying the product, and be marked by the vendor with the company name, bid number, and item number for easy identification. Literature and bid specifications must accompany all samples. If requested, please submit samples to the following address:

Chesapeake Public Schools School Nutrition Services’ Warehouse

Attention: Director of School Nutrition Services 1021 Great Bridge Boulevard Chesapeake, Virginia 23320

If additional samples are requested for any item, the sample shall be provided by the due date specified at the time of the request, or within five (5) business days of the date of the request, if a due date is not specified. Failure to submit a requested sample shall be just cause for eliminating the vendor from further consideration for award for that specific item. Samples not destroyed in testing, or retained as a standard, will be returned to the vendor upon request. Unclaimed samples will be disposed of by Chesapeake Public Schools. BROCHURE / SPECIFICATIONS: If bidding other than specified, the vendor must enclose descriptive cuts, brochures, and specifications on all items bid. The specifications should be representative of the items you intend to supply. They should describe, in detail, the products offered in your proposal. Failure to provide the required literature may disqualify your bid from being considered.

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GENERAL CONDITIONS BRAND NAME ACCEPTANCE: In order to maintain simplicity, the accompanying specifications may contain manufacturers’ names and / or catalog numbers. The use of these names or numbers is not intended to restrict bidding, or to bar the equal or superior products of other manufacturers. They are used, however, to convey to potential vendors a minimum standard and to establish the quality and design required for this project. Chesapeake Public Schools reserves the right to consider other manufacturers’ guidelines, standards, and manufacturing techniques in the bid evaluation. All deviations from the specifications are to be noted in the Exceptions / Deviations from specifications and / or conditions of Bid Section of your bid response. If no deviations are submitted, the vendor assures Chesapeake Public Schools of full compliance with the specifications and conditions.

COOPERATIVE AGREEMENT: This solicitation is being conducted on behalf of other public bodies under the provisions of § 2.2-4304 of the Virginia Public Procurement Act, Cooperative Procurement, as stated, ―a public body may purchase from another public body's contract even if it did not participate in the request for proposal or invitation to bid, if the Request for Proposal or Invitation to Bid specified that the procurement was being conducted on behalf of other public bodies.‖ If authorized by the vendor(s), the resultant contract(s) may be extended to any jurisdiction within the Commonwealth of Virginia to purchase at contract prices in accordance with the contract terms. Any jurisdiction using such contracts shall place its own orders(s) directly with the successful vendor(s). The School Board of the City of Chesapeake acts only as the contracting agent and is not responsible for placement of orders, payment, or discrepancies of the participating jurisdictions. It is the vendor’s responsibility to notify the jurisdictions of the availability of contract(s). Vendors desiring to offer to other jurisdictions under this clause shall so indicate in their response. The following agencies shall have the option to utilize this contract at their discretion:

• City of Chesapeake, including Chesapeake Juvenile Services • Hampton City Schools • Isle of Wight County Schools • Newport News Public Schools • Norfolk Public Schools • Portsmouth Public Schools • Suffolk Public Schools • Virginia Beach City Public Schools

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GENERAL CONDITIONS PRICING REQUIREMENTS: Prices quoted in the bid proposal shall include all delivery costs and expenses incurred for ―inside delivery‖ (defined as all transportation and labor necessary to deliver required products(s) to and inside, at a designated area within, the project locations listed in Attachment B). BUY AMERICAN REQUIREMENT: To the extent possible, prices submitted shall be for items that are either produced in the United States, or items in which the final product consists of over 51% of agricultural commodities that are produced in the United States, in accordance with the USDA Buy American requirement. IMMIGRATION REFORM AND CONTROL ACT OF 1986: By submitting their bids, vendors certify that they do not and will not during the performance of this contract employ illegal alien workers or otherwise violate the provisions of the Federal Immigration Reform and Control Act of 1986. INSURANCE CERTIFICATE / BONDING REQUIREMENTS: The successful vendor will be required to provide a valid Certificate of Insurance within ten (10) days of receipt of the intent to award letter, acceptable to Chesapeake Public Schools, and must meet the requirements set forth in the General Conditions of Bid contained herein. No work may commence until a certificate is provided. Chesapeake Public Schools must be listed as an additionally named insured party with respect to the scope of this bid. If applicable, the successful vendor will be required to provide any and all required bonds which are acceptable to Chesapeake Public Schools and must meet the requirements set forth in the General Conditions of Bid contained herein.

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GENERAL CONDITIONS REFERENCES: The successful vendor may be required to show evidence to substantiate the ability to perform and execute a contract of this type and magnitude. Since references may be used as a criteria for the evaluation of this bid, the vendor will be required to provide complete information, as requested, in the Vendor’s Response / Bid Proposal Form section of this bid. No less than three (3) references will be acceptable. Failure to provide this information, as requested, may result in the vendor’s offer being disqualified. CANCELLATION OF PROJECT / PRODUCT: Chesapeake Public Schools reserves the right to cancel any and all contracts let by this bid, at any time, for either poor or non-performance of the successful vendor. In the event a contract has been canceled for reasons determined at the sole discretion of Chesapeake Public Schools, the vendor may be removed from the bidder’s list for one (1) year or one (1) bid cycle, whichever is the greater period of time. If reinstatement is possible, it can only occur after a meeting with a purchasing administrator in which the original vendor must demonstrate that the original unsatisfactory actions or conditions have been corrected. TERMS: Terms for prompt payment will be considered in the evaluation and award of this bid; however, any terms quoted for a period of less than twenty (20) days will not be considered.

FORCE MAJURE: Contractor shall not be in breach of this contract as long as its default was due to causes beyond the reasonable control of and occurred without any fault or negligence on the part of both the contractor and its subcontractors. Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of Chesapeake Public Schools in its sovereign capacity, fires, floods, hurricanes, epidemics, strikes, or freight embargoes.

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GENERAL CONDITIONS INTENT OF AWARD: Chesapeake Public Schools reserves the right to award all or part of the items listed in this bid to one (1) vendor. In the event that the lowest responsive, responsible vendor meeting all specifications does not bid on all items, Chesapeake Public Schools reserves the right to award in the manner most advantageous to the Chesapeake Public Schools. CRITERIA FOR AWARD: It is the intent of Chesapeake Public Schools to award this bid to the lowest responsive and responsible bidder, meeting all specifications and agreeing to all conditions, based on the following criteria:

A. Conformance to specifications and conditions B. Price C. References D. Delivery Schedule

APPLICABLE LAWS AND COURTS: This contract shall be governed in all respects by the laws of the Commonwealth of Virginia and any litigation with respect thereto shall be brought in General District or Circuit Court for the City of Chesapeake. The vendor shall comply with all applicable federal, state, and local laws, rules, and regulations, as well as School Board Policy. HOLD HARMLESS CLAUSE: The vendor shall, during the term of the contract including any warranty period, indemnify, defend, and hold harmless the Division, its School Board members, officials, employees, agents, and representatives thereof, from all suits, actions, or claims of any kind, including attorney’s fees, brought on account of any personal injuries, property damages, or violations of rights, sustained by any person or property in consequence of any willful, reckless or negligent acts or omissions in performing or safeguarding contract work or by the vendor or its agents or employees, or from any claims or amounts arising from violation of any law, bylaw, ordinance, regulation or decree.

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GENERAL CONDITIONS FUNDING OUT CLAUSE: Failure of the School Board to fund or Council of the City of Chesapeake to appropriate funds in any year for payment in full of the payments required by this contract or any other provisions herein during the term of the contract shall terminate this contract and render it null and void, without any further liability on the part of the Division or the city of any kind whatsoever, except for its obligation to maintain the product described and to surrender possession of the same to the seller. This contract shall not constitute a debt of Chesapeake Public Schools or the City of Chesapeake, within the meaning of any limitations or indebtedness of the Division or the city, under the constitution or laws of the Commonwealth of Virginia, including the Charter of the City of Chesapeake. ADDITIONAL INFORMATION:

Chesapeake Public Schools reserves the right to ask any vendor to submit information missing from its proposal, to clarify its proposal, and to submit additional information which the Division deems desirable. Further, Chesapeake Public Schools reserves the right to order items from State Contracts or other competitively negotiated contracts such as U. S. Communities contracts, if it is deemed in the best interest of the Division. ABSOLUTELY NO PRICES OR BIDS WILL BE ACCEPTED OR CONSIDERED THAT ARE SUBMITTED ELECTRONICALLY.

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SPECIAL CONDITIONS 1. The enclosed forms from the U.S. Department of Agriculture must be completed

and returned with your bid. Failure to provide this information shall disqualify your bid from consideration.

2. All products must be domestically grown unless it is not possible due to growing

seasons or acts of nature. Each delivery ticket should indicate ―local source‖ next to the product when applicable.

3. Depending upon the availability of funds, the Chesapeake Public Schools’

Department of School Nutrition Services may or may not purchase all of the fruits / vegetables listed; therefore, we reserve the right to deduct the cost of any fruit / vegetable when evaluating this bid.

4. Each vendor who submits a bid must be properly licensed in the locality in which

their business office resides and in compliance with all pertinent state and local codes and regulations.

5. Each vendor who submits a bid must have a stocking warehouse in the State of

Virginia. A stocking warehouse is a facility that has storage areas, on premises, for dry, refrigerated, and frozen items. Transfer and / or satellite facilities are not considered the same as a stocking warehouse and will not be accepted. Chesapeake Public Schools reserves the right to do an on-site inspection of the warehouse facilities.

6. Pricing is requested for delivery to each local school listed in Attachment B one (1)

time each week that school is in session. Delivery days can be set based on the location of the school. Schools can be grouped in any combination as long as the delivery day is consistent for the bid period. Monday and Tuesday deliveries are preferable; however, Wednesday – Friday deliveries are acceptable.

7. A delivery schedule must be included with each bid response for approval. 8. Any deviations from the specifications must be set forth in the ―Exceptions /

Deviations from Specifications and / or Conditions of Bid‖ section of this document.

9. All prices quoted must be ―per unit‖ as specified. 10. Vendors should enter the price per unit and the extensions for each item. In the

case of a discrepancy, the lowest price will govern. 11. When bidding on an item that is packaged differently than specified, vendors

should indicate the new packaging in their response.

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SPECIAL CONDITIONS 12. When bidding other than specified, vendors should state the proposed brand, ID#,

and pack size.

13. In case of a discrepancy between the specified brand and the item description, the description will govern.

14. Items shall be properly labeled with the contents of each package, packed for

shipment, storage, stocked in new shipping containers, and in accordance with accepted commercial practices.

15. Delivery must be made as stipulated in the bid. If for reasons beyond the control of

the company, the delivery will be delayed or varied in any way, it is the company’s responsibility to notify the Director of School Nutrition Services at 757-547-1470 of the reason for the delay / variation and the new delivery date.

16. The successful vendor shall be responsible for the delivery of items in good

condition to the point of destination. Vendors shall file with the carrier all claims for breakage, imperfections, and other losses, which will be deducted from invoices. The receiving Chesapeake Public Schools’ representative will note for the benefit of the successful vendor, when packages are not received in good condition.

17. When items contained in this bid are rejected, they must be removed and replaced,

within 24 hours of notification, by the successful vendor from Chesapeake Public Schools’ property. Items left longer than ten (10) days will be considered abandoned by the successful vendor and may be disposed of as if it were Chesapeake Public Schools’ property.

18. During the summer months each year, Chesapeake Public Schools may be

operating on a summer schedule and will not be able to accept deliveries on Fridays during specific weeks. If this does occur during the summer months, vendor(s) will be notified once the dates have been agreed upon.

19. If the successful vendor fails to either perform within the time specified, or within a

reasonable time, or fails to perform satisfactorily in accordance with the specifications, Chesapeake Public Schools may take the appropriate action to satisfy the contract. Any cost incurred in excess of the contract amount may be back charged to the original vendor. Should the difference be less, the successful vendor shall have no claim to the difference. Additionally, the original vendor may be removed from the vendor list for one (1) year or one (1) bid cycle, whichever is the greater period of time.

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SPECIAL CONDITIONS

20. The successful vendor shall not assign, transfer, convey, sublet, or otherwise

dispose of the contract or his / her right, title, or interest therein, or his / her power to execute such contract to any other person, company, or corporation, without previous written consent of Chesapeake Public Schools.

21. The successful vendor will be required to furnish signed proof of delivery in every

instance. 22. All deliveries shall be accompanied by delivery tickets or packing slips. 23. The successful vendor will be required to provide the Chesapeake Public Schools’

Department of School Nutrition Services with a monthly item and usage report for each school.

24. Payment of properly executed invoices will be certified promptly for items received

in accordance with the specifications herein. 25. At its sole discretion, Chesapeake Public Schools reserves the right to accept or

reject any decrease in the quotation price offered by the successful vendor, as long as all conditions, specifications, etc. remain unchanged, and at any time during a contract period, if determined that it is in the best interest of the school division.

26. A copy of the most recent food safety inspection report may be requested from the

lowest responsive responsible bidder meeting specifications, prior to award. 27. All information requested on the Letter of Transmittal and Vendor’s

Response / Bid Proposal Forms must be completed in order to constitute a valid bid offer.

VENDOR’S RESPONSE / BID PROPOSAL FORM BID #13-1415

School Nutrition Services Produce

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All product and price information requested on this Bid Specifications / Proposal Form must be provided for each item in which a bid is offered, even when bidding the specified item. If bidding an alternate equal product, state ―Alt‖ beside the Item Brand / ID number, pack size, and price. If bidding more than one (1) alternate for an item, label each alternate, starting with ―Alt 1‖, then ―Alt 2‖, etc.

Item Item, Size, and Description Unit Estimated Usage for

9-Month Period

Local School

Delivery Unit Price

Total Price Local School

Delivery

1 Apples, U.S. Fancy, Red Delicious, Medium, 125-138 Count, 40 Lbs.

Carton with Tray

Packs 1,500 $ $

2 Apples, Chilled, Sliced, Fresh, Individual Pack, 100 / 2 Oz., 13 Lbs.

Case 3,000 $ $

3 Broccoli Florets, Chilled, 1 / 3 Lb. Bag 3 Lb. 1,000 $ $

4 Broccoli Florets, Chilled, Fresh, 4/3 Lb. Bag

12 Lb. 1,000 $ $

5 Carrot, Baby, Whole Peeled, 1 / 5 Lb. Case 1,000 $ $

6 Carrot, Baby, Whole Peeled, 4 / 5 Lb. 20 Lb. 1,000 $ $

7 Carrot, Baby, 100 / 2.5 Oz. Package Case 3,500 $ $

8 Celery, 3 Count, 1 / 5 Lb. Bag 5 Lb. 1,000 $ $

9 Celery, Chilled, Stick, 1 / 5 Lb. Bag 5 Lb. 1,000 $ $

10 Cole Slaw Mix, Chilled, 1 / 5 Lb. Bag Bag 2,250 $ $

11 Cucumber, 1 / 5 Lb. Bag 500 $ $

12 Grapes, Red Seedless, U. S. #1, 1 / 18 Lb. Case 2,000 $ $

13 Lemon, 12 Count, ½ Lb. Dozen 500 $ $

VENDOR’S RESPONSE / BID PROPOSAL FORM BID #13-1415

School Nutrition Services Produce

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TOTAL BID AMOUNT PER MONTH $________________ LOCAL SCHOOL DELIVERY

A delivery schedule must be included with bid response for approval.

Item Item, Size, and Description Unit Estimated Usage for

9-Month Period

Local School

Delivery Unit Price

Total Price Local School

Delivery

14 Onion, Dry, 1 / 10 Lb. Bag 500 $ $

15 Onion, Dry, Red Jumbo, 1 / 5 Lb. Bag 500 $ $

16 Oranges, 113-125 Count, 1 / 40 Lb. Case 1,800 $ $

17 Pear, Any, 100-150 Count, 1 / 35 Lb. Case 1,800 $ $

18 Pepper, Sweet, Green, Medium, 1 / 5 Lb. Bag 700 $ $

19 Romaine, U. S. #1, Individual Whole Leaf, 250 Count, 1 / 10 Lb.

10 Lb. 1,000 $ $

20 Salad Mix, Romaine Blend, 4 / 5 Lb. Bag 20 Lb. 2,000 $ $

21 Tomato, 5 x 6, 1 / 10 Lb. Case 750 $ $

22 Tomato, Grape, 6 Pt., 1 / 5 Lb. Case 1,000 $ $

23 Tomato, Grape, 12 / 1 Pt. 12 Lb. 1,500 $ $

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VENDOR’S RESPONSE / BID PROPOSAL FORM

Please respond to each item below as requested, by providing a response in each blank space. Failure to provide this information may result in the vendor’s offer being disqualified. Sales Representative to be Assigned to the Chesapeake Public Schools’ Account: Name:

Telephone Number: ( ) Fax Number: ( )

E-Mail Address:

Can order / invoice information be accessed on the Internet? If yes, please provide your website information: Please indicate the months of your catalog period (i.e., January through December, June through July, etc.): Please indicate the catalog number, quotation number, and / or contract number that should be referenced on Chesapeake Public Schools’ purchase orders: Does your company and company website have the capability to interface with the variety of financial software? If yes, please list financial software you have interfaced with.

I agree to the Cooperative Agreement on page 20. Yes No References: Please list, in the space provided, no less than three (3) references for which your company has provided similar services. Reference Contact Person Telephone Number Reference Name and Address Reference Name and Address Reference Name and Address

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VENDOR’S RESPONSE / BID PROPOSAL FORM Exceptions / Deviations from Specifications and / or Conditions of Bid: Please provide, in the space below, any and all exceptions or deviations to the specifications / conditions or any other section of this document the vendor feels is necessary. If this section is left blank, Chesapeake Public Schools will assume that the vendor, as signified by signature on the Letter of Transmittal, is bidding ―as specified‖ and agrees to all conditions set forth in the bid document. This section should not be construed as an invitation to offer alternative product(s) other than those specified. The vendor should keep in mind that not all exceptions or deviations from the specifications or conditions, you may list below, will be acceptable to Chesapeake Public Schools.

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U. S. DEPARTMENT OF AGRICULTURE

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transactions

This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR part 3017, Section 3017.510, Participants’ responsibilities. The regulations were published as Part IV of the January 30, 1989, Federal Register (pages 4722-4733). Copies of regulations may be obtained by contacting the Department of Agriculture agency with which this transaction originated.

(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE)

(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

(2) Where the prospective lower tier participant is unable to certify to any of the statements in this

certification, such prospective participant shall attach an explanation to this proposal.

Organization Name PR / Award Number or Project Name

Name(s) and Title(s) of Authorized Representative(s)

Signature(s) Date

Form AD-1048 (1/92)

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Instructions for Certification 1. By signing and submitting this form, the prospective lower tier participant is providing the certification

set out on the reverse side in accordance with these instructions 2. The certification in this clause is a material representation of fact upon which reliance was placed

when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this

proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms ―covered transaction,‖ ―debarred,‖ ―suspended,‖ ―ineligible,‖ ―lower tier covered transaction,‖

―participant,‖ ―person,‖ ―primary covered transaction,‖ ―principal,‖ ―proposal,‖ and ―voluntarily excluded,‖ as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this form that, should the proposed covered

transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this form that it will include this

clause titled ―Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transaction,‖ without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a

lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Non-Procurement List.

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records

in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered

transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

Form AD-1048 (1/92)

34

Submission of Nutrient Data and Letters

SUBMISSION OF NUTRIENT DATA TO THE SCHOOL DISTRICT FROM THE FOOD MANUFACTURER

Instructions:

A value must be submitted for each required nutrient per serving, edible portion, in the unit of measure indicated and to the number of decimal places indicated on the form. If a food item does not contain a specific nutrient, enter zero. Do not leave any spaces blank on the data submission form. If any required nutrient values are missing, the food product can be entered onto the local database, but the missing nutrient values must be marked as ―missing‖ rather than zero.

Nutrient data are to be submitted on the ―as served‖ basis for any food that does not have ingredients added in preparation of fat absorbed during preparation.

Nutrient data are to be submitted on the ―as purchased‖ basis for 1) any foods that have ingredients added in preparation such as milk, eggs, and oil added to baked product mixes; 2) foods that have varying preparation methods, i.e., bake or fry; 3) foods that are prepared by frying; and 4) any food that grains or lose moisture during preparation. Additional data are required for ―as purchased‖ nutrient data submissions.

If a food item gains or loses fat during preparation, provide the percentage of fat gain or loss when the product is prepared +/- change.

Second, if a food item gains or loses moisture during preparation, provide the percentage of moisture gain of loss when the product is prepared. +/- moisture change

Fat may be gained or lost in cooking some foods, thereby changing the caloric value of food.

Methods of preparation such as breading, frying or baking affect this fat gain or loss. For example, chicken baked in the oven will lose fat during cooking, while batter-coated or breaded chicken that is deep-friend will gain fat during cooking. If fat is absorbed or gained, calories will be increased. If fat is lost, calories will be decreased. In recipes where a fat gain or loss occurs, the fat changes are limited to those ingredients that are cooked together. For example, a fat gain occurs in deep-frying of French fries because fat is absorbed by the ingredients in the food item. Fat is lost from a broiled hamburger patty in which the fat bas been drained.

This information will be used to develop and analyze the nutritional content of the recipe and

will allow each school district to prepare the food products according to regional preference.

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NON-COLLUSION AFFIDAVIT

State of : Contract / Bid #

County of : I state that I am of

(Title) (Name of my Firm) and that I am authorized to make this affidavit on behalf of my firm, and its owners, directors, and officers. I am the person responsible in my firm for the price(s) and the amount of this bid. I state that:

(1) The price(s) and amount of this bid have been arrived at independently and without consultation,

communication or agreement with any other contractor, bidder or potential bidder.

(2) Neither the price(s) nor the amount of this bid, and neither the approximate price(s) nor approximate amount of this bid, have been disclosed to any other firm or person who is bidder or potential bidder, and they will not be disclosed before bid opening.

(3) No attempt has been made or will be made to induce any firm or person to refrain from bidding on this

contract, or to submit a bid higher than this bid, or to submit any intentionally high or noncompetitive bid or other form of complementary bid.

(4) The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or

inducement from, any firm or person to submit a complementary or other noncompetitive bid.

(5) , its affiliates, subsidiaries, officers, directors and employees (Name of my firm)

are not currently under investigation by any governmental agency and have not in the last three years been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except as follows:

36

Non-Collusion Affidavit

I state that understands and acknowledges that the above representations (Name of my firm)

are material and important, and will be relied on by (Name of public entity)

in awarding the contract(s) for which this bid is submitted. I understand and my firm understands that any

misstatement in this affidavit is and shall be treated as fraudulent concealment from

of the true facts relating to submission of bids for this contract. (Name of public entity)

(Name and Company Position)

SWORN TO AND SUBSCRIBED BEFORE ME

THIS DAY OF , 20

(Notary Public)

My commission expires:

37

Chesapeake Public Schools Purchasing Department

School Administration Building 312 Cedar Road

Chesapeake, Virginia 23322

LETTER OF TRANSMITTAL SCHOOL NUTRITION SERVICES

MAIL / DELIVER TO: Michele Zimbro, CPPB, Buyer TO: Chesapeake Public Schools School Administration Building 312 Cedar Road Chesapeake, Virginia 23322 FROM: (Name of Company) (Address) (City, State, and Zip Code) (Telephone Number) (Fax Number)

(E-Mail Address) (Company Website) (FEI Number) (DUNS Number)

BID NO: 13-1415 School Nutrition Services – Produce Our bid is submitted herewith pursuant to and in conformity with your Letter of Invitation to Bid, Conditions of Bid, and Specifications including any addendum as acknowledged. We propose and agree to furnish and deliver the items at the unit and per item price listed on the Specifications / Bid Form, and agree to fulfill the specified contracted services.

DEBARMENT STATUS I hereby certify that the information supplied is correct and that neither the Provider nor any person(s) connected with the Provider as a principal or officer, to my knowledge, is now debarred or otherwise declared ineligible by any agency of the Federal, State, and / or Local Government, the Commonwealth of Virginia, or any locality in the State of Virginia, from contracting to provide the goods and / or services requested herein, nor is it an agent of any person or entity that is currently so debarred.

Acknowledge Receipt of Addendum: #1 #2 #3 #4 #5 (Initial Above for Each Addendum Received)

Cash Discount for Prompt Payment % 20 days SIGNED: (Signature in Long Hand) (Name and Position Typed) (Date)

Failure to sign this Invitation to Bid will result in the bid being declared non-responsive.

How did you hear about this Bid / RFP? (Please check all that apply)

CPS Website Mail Plan Room Newspaper DemandStar Website MBE Office Other

38

~ Vendors: Please complete and return this form with bid response. ~

Vendor’s Authorization to Transact Business in the Commonwealth To the extent the Contractor is organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership, such entity shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity by the State Corporation Commission. Any such business entity shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth to be revoked or cancelled at any time during the term of this contract. The Owner may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of Virginia Code Section 2.2-4311.2. Any bidder or offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 shall include in its bid or proposal the identification number issued to it by the State Corporation Commission. Any bidder or offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law shall include in its bid or proposal a statement describing why the bidder or offeror is not required to be so authorized. State Corporation Commission Identification No.: or Describe why the bidder or offeror is not required to be authorized by the State Corporation Commission:

Please complete the following “return envelope template,” affix to the outside envelope of your agency’s bid / RFP response, and return to Chesapeake Public Schools. Failure to do so may affect the proper and timely receipt of your bid / RFP response.

BIDDER’S NAME

BID #: 13-1415 BID NAME: SCHOOL NUTRITION SERVICES – PRODUCE OPENING: NOVEMBER 17, 2014, @ 2:05 P.M.

MICHELE ZIMBRO, CPPB, BUYER CHESAPEAKE PUBLIC SCHOOLS SCHOOL ADMINISTRATION BUILDING 312 CEDAR ROAD CHESAPEAKE, VIRGINIA 23322

Attachment A

CHESAPEAKE PUBLIC SCHOOLS ELEMENTARY SCHOOLS Butts Road Intermediate School Mrs. Mindy T. Green, Principal 1571 Mt. Pleasant Road/23322 482-4566/4417 (Grades: 3-5) Butts Road Primary School Mr. James S. Lewter, Principal 1000 Mt. Pleasant Road/23322 482-5820/5310 (Grades: K-2) Camelot Elementary School Dr. Karen Cooper-Collins, Principal 2901 Guenevere Drive/23323 558-5347/48 (Grades: K-5) Carver, G. W. Intermediate School Mrs. Michelle A. Ferebee, Principal 2601 Broad Street/23324 494-7505/06 (Grades: 3-5) Cedar Road Elementary School Ms. Alaina C. Trott, Principal 1605 Cedar Road/23322 547-0166 (Grades: K-5) Chittum, E. W. Elementary School Mrs. Sharon W. Miles, Principal 2008 Dock Landing Road/23321 465-6300/01 (Grades: K-5) Crestwood Intermediate School Mrs. Eva Renee Carney, Principal 1240 Great Bridge Blvd/23320 494-7565/66 (Grades: 3-5) Deep Creek Central Elementary School Mrs. Barbara H. Fortner, Principal 2448 Shipyard Road/23323 558-5356/54 (Grades: K-5) Deep Creek Elementary School Dr. Jean Jones, Principal 2809 Forehand Drive/23323 558-5333/35 (Grades: K-5) Georgetown Primary School Mrs. Terry A. Reitz, Principal 436 Providence Road/23325 578-7060/62 (Grades: K-3) Grassfield Elementary School Mr. Robert J. Sander, Principal 2248 Averill Drive/23323 558-8923 (Grades: K-5) Great Bridge Intermediate School Mrs. Heather D. Martin, Principal 253 West Hanbury Road/23322 482-4405 (Grades: 3-5) Great Bridge Primary School Mrs. Theresa L. Myers, Principal 408 Cedar Road/23322 547-1135/1060 (Grades: K-2)

Greenbrier Intermediate School Mr. Keith C. Hyater, Principal 1701 River Birch Run, North/23320 578-7080/81 (Grades: 3-5)

Greenbrier Primary School Mrs. Joan B. Raybourn, Principal 1551 Eden Way, South/23320 436-3428 (Grades: K-2) Hickory Elementary School Mrs. Kimberly C. Pinello, Principal 109 Benefit Road/23322 421-7080 (Grades: K-5) Marshall, Thurgood Elementary School Mrs. Karen Y. Lopez, Principal 2706 Border Road/23324 494-7515/16 (Grades: K-5) Norfolk Highlands Primary School Mrs. Shawnia C. Smiley, Principal 1115 Myrtle Avenue/23325 578-7092/93 (Grades: K-3) Portlock Primary School Mrs. Nancy L. Cruz, Principal 1857 Varsity Drive/23324 494-7555/56 (Grades: K-2) Southeastern Elementary School Dr. Hope P. Terrell, Principal 1853 Battlefield Blvd., South/23322 421-7676 (Grades: K-5) Southwestern Elementary School Mrs. Sonya L. Beasley, Principal 4410 Airline Blvd/23321 465-6310/11 (Grades: K-5) Sparrow Road Intermediate School Ms. Sharon L. Popson, Principal 1605 Sparrow Road/23325 578-7050/51 (Grades: 4-5) Treakle, G. A. Elementary School Mrs. Shelia J. Johnson, Principal 2500 Gilmerton Road/23323 558-5361/62 (Grades: K-5) Truitt Intermediate School Mrs. Regina B. Ratcliff, Principal 1100 Holly Avenue/23324 494-8014 (Grades: 3-5) Western Branch Intermediate School Ms. Jatauné N. Jones, Principal 4013 Terry Drive/23321 638-7941/42 (Grades: 3-5) Western Branch Primary School Mrs. Gayle J. Bartlett, Principal 4122 Terry Drive/23321 638-7951/55 (Grades: K-2)

Attachment B

Williams, B. M. Primary School Mr. Thomas P. Moyer, Principal 1100 Battlefield Blvd., North/23320 547-0238 (Grades: K-2) Wright, Rena B. Primary School Mrs. Brenda H. Hobbs, Principal 600 Park Avenue/23324 494-7585/86 (Grades: K-2)

MIDDLE SCHOOLS Crestwood Middle School Mr. Michael R. Ward, Principal 1420 Great Bridge Boulevard/23320 494-7560/61 (Grades: 6-8) Deep Creek Middle School Dr. Muriel P. Barefield, Principal 1955 Deal Drive/23323 558-5321/22 (Grades: 6-8) Great Bridge Middle School Mr. Craig K. Mills, Principal 441 Battlefield Boulevard, South/23322 482-5128/29 (Grades: 6-8) Greenbrier Middle School Dr. Michael J. Mustain, Principal 1016 Greenbrier Parkway/23320 548-5309 (Grades: 6-8) Hickory Middle School Dr. Deborah T. Hutchens, Principal 1997 Hawk Boulevard/23322 421-0468 (Grades: 6-8) Indian River Middle School Ms. Terre J. Werts, Principal 2300 Old Greenbrier Road/23325 (Grades: 6-8) 578-7030/31 (Main Building & Annex) Jolliff Middle School Mr. Quentin E. Hicks, Principal 1021 Jolliff Road/23321 465-5246 (Grades: 6-8) Owens, Hugo A. Middle School Mrs. Amber N. Dortch, Principal 1997 Horseback Run/23323 558-5382/83 (Grades: 6-8) Smith, Oscar Middle School Mrs. Judith C. Thurston, Principal 2500 Rodgers Street/23324 494-7590/91 (Grades: 6-8) Western Branch Middle School Dr. Kambar Khoshaba, Principal

4201 Hawksley Drive/23321 638-7920/21 (Grades: 6-8)

HIGH SCHOOLS Deep Creek High School Ms. J. Page Bagley, Principal 2900 Margaret Booker Drive/23323 558-5302/03 (Grades: 9-12) Grassfield High School Mr. Michael N. Perez, Principal 2007 Grizzly Trail/23323 558-4749 (Grades: 9-12) Great Bridge High School Mr. Jeffrey S. Johnson, Principal 301 West Hanbury Road/23322 482-5191/92 (Grades: 9-12) Hickory High School Mrs. Alfredia C. Turner, Principal 1996 Hawk Boulevard/23322 421-4295/7170 (Grades: 9-12) Indian River High School Mrs. Naomi R. Dunbar, Principal 1969 Braves Trail/23325 578-7000/01 (Grades: 9-12) Smith, Oscar High School Mr. Paul A. Joseph, Principal 1994 Tiger Drive/23320 548-0696/0127 (Grades: 9-12) Western Branch High School Dr. Thomas A. Whitley, Principal 1968 Bruin Place/23321 638-7900/01 (Grades: 9-12)

2014-2015

Elementary Schools 28 Middle Schools 10 High Schools 7

TOTAL 45

Chesapeake Public Schools Purchasing Department

School Administration Building 312 Cedar Road

Chesapeake, Virginia 23322

Dear Contractor: The Federal Immigration Reform and Control Act makes it unlawful for a person or other entity to hire, recruit, or refer for a fee for employment in the United States, an alien, knowing the alien is unauthorized to work in the United States. Section 40.1-11.1 of the Code of Virginia makes it unlawful for any employer to knowingly employ an alien who cannot provide documents indicating that he or she is legally eligible for employment in the United States. These laws place an affirmative duty on employers to ensure that aliens have proof of eligibility for employment. In addition, Section 54-72.2 of the Chesapeake City Code requires that any person or entity doing business with the City of Chesapeake, including its boards and commissions, shall provide a sworn certification by the contractor or vendor of compliance with all federal immigration laws and regulations. Enclosed please find the certification document (Certificate of Compliance With Immigration Laws and Regulations) that is required to be completed and submitted for all contracts with a total value of $50,000 or more. This certificate shall be attached to the contract document, if applicable. For instances, where a purchase order will serve as the contract, this certificate shall be completed and returned to Chesapeake Public Schools. The Contract/Purchase Order will not be issued prior to submittal of a completed Certificate of Compliance With Immigration Laws and Regulations. No performance may take place until the completed certificate is provided to the school/department responsible for finalizing your agreement. This form must be updated every twelve (12) months for the duration of the contract/agreement period. Should there be a change to the certification between the twelve (12) month periods, Chesapeake Public Schools must be notified immediately and an updated certification must also be provided to Chesapeake Public Schools within five (5) days of such change. Failure to submit a certificate shall render the pending contract and/or purchase order void. Please feel free to contact the school/department responsible for finalizing your agreement with any questions you may have, or call the Purchasing Department at 547-0265. Sincerely, Chesapeake Public Schools Enclosure

The Chesapeake Public School System is an equal opportunity school system. The School Board of the City of Chesapeake also adheres to the principles of equal opportunity

in employment and, therefore, prohibits discrimination in terms and conditions of employment on the basis of race, sex, national origin, color, religion, or disability.

Rev 4/21/10

Attachment C

CHESAPEAKE PUBLIC SCHOOLS Certificate of Compliance

With Immigration Laws and Regulations

***For Transactions That Total More Than $50,000*** Return this form to the school/department responsible for finalizing your agreement. *********************************************************************************************

VENDOR: FORM MUST BE NOTARIZED PRIOR TO SUBMISSION

********************************************************************************************* The Federal Immigration Reform and Control Act makes it unlawful for a person or other entity to hire, recruit, or refer for a fee for employment in the United States, an alien, knowing the alien is unauthorized to work in the United States. Section 40.1-11.1 of the Code of Virginia makes it unlawful for any employer to knowingly employ an alien who cannot provide documents indicating that he or she is legally eligible for employment in the United States. These laws place an affirmative duty on employers to ensure that aliens have proof of eligibility for employment. In addition, Section 54-72.2 of the Chesapeake City Code requires that any person or entity doing business with the City of Chesapeake, including its boards and commissions, shall provide a sworn certification by the contractor or vendor of compliance with all federal immigration laws and regulations. This certificate shall be attached to the contract document, if applicable. In any case where a purchase order will serve as the contract, this certificate shall be completed and returned to the Chesapeake Public Schools. The Contract/Purchase Order will not be issued prior to submittal of a completed Certificate of Compliance With Immigration Laws and Regulations. No performance may take place until the completed certificate is provided to the school/department responsible for finalizing your agreement. Failure to submit a certificate shall render the pending contract and/or purchase order void.

Type or print legibly when completing this form.

Legal Name of Contractor or Vendor (Note: This is your name as reported to the IRS. It should

match your Social Security card or Federal Identification Number.) Type of Business Entity Check one (attach additional pages to this form if the space below is not adequate):

Sole Proprietorship—provide full name and address of owner

Limited Partnership—provide full name and address of all partners

General Partnership—provide full name and address of all partners

Limited-Liability Corporation—provide full name and address of all managing members

Corporation—provide full name and address of all officers Full Name Address City, State and Zip ( ) ( ) Business Telephone # Business Fax #

Doing Business As (If Applicable) (Note: This is the name that appears on your invoices, but is not used as your reporting name.)

Name and Title of Person Completing this Certificate

Physical Business Address Number of Employees Are All Employees Eligible for Employment in the United States? Under penalty of perjury, I declare on behalf of the contractor/vendor listed above that to the best of my knowledge and based upon reasonable inquiry each and every one of the contractor’s employees is eligible for employment in the United States as required by the Federal Immigration Reform and Control Act of 1986 and Section 40.1-11.1 of the Code of Virginia. I further declare on behalf of the contractor/vendor that due care and diligence shall be used to ensure that all employees hired in the future will be eligible for employment in the United States and that I agree to remain in compliance throughout the duration of the contract. I affirm the information provided herein is true, correct, and complete. I also agree to permit the Chesapeake Public Schools to inspect records and documentation to ensure that all persons hired by the contractor/vendor are eligible for employment under the laws referenced in this certificate when deemed necessary by Chesapeake Public Schools. I agree that the contractor/vendor will fully cooperate in any such audit.

Sworn this day of , 20

on behalf of (Name of Contractor/Vendor)

as evidenced by the following signature and seal: Name of Contractor/Vendor: Printed Name of Signatory: Signature: Date:

SWORN TO AND SUBSCRIBED BEFORE ME: City/County of Commonwealth/State of The foregoing instrument was acknowledged before me this day of , 20 . Registration No.: Notary Public Signature

My commission expires: ____________

For Office Use Only: Buyer PO #: Bid/RFP Project Name: Bid #13-1415 SNS - Produce